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Karnataka High Court

Smt Chaitra vs State Of Karnataka on 24 April, 2017

Bench: Chief Justice, P.S.Dinesh Kumar

                               1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 24TH DAY OF APRIL, 2017

                          PRESENT
        THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE,
                        CHIEF JUSTICE
                              AND
        THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

         WRIT PETITION NO.16754 OF 2017 (GM-MM-S)


BETWEEN :

SMT.CHAITRA
W/O SRI KRISHNA BHAT
AGED ABOUT 35 YEARS
R/AT NO.305, SAI SRINIVAS HILLS
4TH MAIN ROAD,
OPP. B.S.N.L. OFFICE
BSK 3RD STAGE
BENGALURU - 560 085                      ... PETITIONER

(BY MR.R.G.KOLLE, ADVOCATE)

AND :

1. STATE OF KARNATAKA
   REP. BY ITS CHIEF SECRETARY
   GOVERNMENT OF KARNATAKA
   VIDHANA SOUDHA
   BENGALURU - 560 001

2. THE PRINCIPAL SECRETARY TO GOVT.
   DEPT. OF COMMERCE & INDUSTRIES
   VIKASA SOUDHA
   BENGALURU - 560 001
                                2




3. THE DIRECTOR
   DEPARTMENT OF MINES & GEOLOGY
   KHANIJA BHAVAN,
   RACE COURSE ROAD
   BENGALURU - 560 001

4. THE SENIOR GEOLOGIST (MINES) &
   COMPETENT AUTHORITY
   DEPARTMENT OF MINES & GEOLOGY
   2ND GATE, CANTONMENT
   BALLARI - 583 104

5. THE DEPUTY COMMISSIONER &
   CHAIRMAN, DISTRICT
   TASK FORCE (MINES)
   COMMITTEE, BALLARI DISTRICT
   BALLARI - 583 104                             ... RESPONDENTS

(BY   MR.V.G.BHANUPRAKASH,          ADDITIONAL      GOVERNMENT
ADVOCATE)
                              ---

     This Writ Petition is filed under Articles 226 and 227 of

the Constitution of India, praying to quash or set aside the

endorsement dated 14.11.2016 issued by respondent No.4 at

Annexure-A rejecting the QL application dated 1.2.2016 filed by

this petitioner to extract Murram which is a non-specified minor

mineral, over an area of 19-00-00 (A-G-A) in government land

bearing survey No.122/A of Aladahalli village in Bellari taluka,
                                3



Bellari district, for a period of 20 years, as per QL application

dated 1.2.2016 filed by this petitioner at Annexure-B, and etc.



      This petition coming on for Preliminary Hearing this day,

THE CHIEF JUSTICE made the following:


                            ORDER

Issue notice.

Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for the respondents. Therefore, formal service of notice to the respondents is dispensed with.

2. After hearing Mr.R.G.Kolle, learned advocate appearing for the writ petitioner in support of the writ petition and Mr.V.G.Bhanuprakash, learned additional government advocate appearing for the respondents, we feel that justice will be subserved if this writ petition is disposed of by directing the Deputy Commissioner and Chairman, District Task Force (Mines) Committee, Ballari District, Ballari, to convene a 4 meeting and to consider the application of the writ petitioner for grant of quarrying lease within a period of four weeks from the date of communication of this order.

3. The writ petition stands disposed of.

4. There will be no order as to costs.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE RV